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DOCKET PROCEEDINGS
DATE #
DOCKET
ENTRY
11/16/04 1 Complaint
Filed; (referred to Magistrate Judge Leo
S.
Papas ) Receipt No/Amt of Fee: Waived (gep)
[Entry date 11/16/04]
11/16/04 2 Summons
issued as to defendant Emvest Mortgage Fund,
defendant Emvest Inc,
defendant Milon Lyle Brock (gep)
[Entry date 11/16/04]
11/16/04 3 Ex Parte
Appl SEC for temporary restraining order, for
OSC re preliminary injunction, for
appointment of a
permanent receiver; referred
to Judge Dana M. Sabraw (cag)
[Entry date 11/16/04]
11/16/04 4 Memorandum
of points and authorities by SEC in support of
motion for temporary
restraining order [3-1], in support of
motion for OSC re preliminary
injunction [3-2], in support
of motion for appointment of a
permanent receiver [3-3] (cag)
[Entry date 11/16/04]
11/16/04 5
Recommendation by SEC that Dennis M. Murphy be appointed
receiver (cag) [Entry date
11/16/04]
11/16/04 6 Declaration
of
restraining order [3-1], re
motion for OSC re preliminary
injunction [3-2], re motion
for appointment of a permanent
receiver [3-3] (cag) [Entry
date 11/16/04]
11/16/04 7
Declaration of Kelly Bowers re motion for temporary
restraining order [3-1], re
motion for OSC re preliminary
injunction [3-2], re motion
for appointment of a permanent
receiver [3-3] (cag) [Entry
date 11/16/04]
11/16/04 8
Declaration of Susan F. Hannan re motion for temporary
restraining order [3-1], re
motion for OSC re preliminary
injunction [3-2], re motion for appointment
of a permanent
receiver [3-3] (cag) [Entry
date 11/16/04]
11/16/04 9 Minutes:
Enter Order by Judge Dana M. Sabraw; motion hrg
held; granting motion for
temporary restraining order
[3-1], granting motion for OSC
re preliminary injunction
[3-2], granting motion for
appointment of a permanent
receiver [3-3]; order to show
cause hrg re prelim inj set
for 10:30 12/3/04 before Judge
Dana M. Sabraw; ct to issue
order. Court Reporter: LeeAnn Pence (cag)
[Entry date 11/17/04]
11/16/04 10 TRO and Orders
by Judge Dana M. Sabraw freezing
distributions, appointing
Dennis M. Murphy as temp receiver
of Emvest Mortgage Funds,
Emvest, Inc. and their
subsidiaries and affiliates,
prohibiting the destruction of
docs, expediting discovery,
and requiring accountings; OSC
hrg re prelim inj and appt of
a permanent receiver set for
10:30 12/3/04, briefs in
support of, or in opposition to
prelim inj and appt of
permanent receiver due by 11/24/04
at 12:00, reply papers due by
11/30/04 at 4:30; TRO shall
expire 12/3/04 at 12:00 pm
unless it is further extended by
good cause shown (cag) [Entry
date 11/17/04]
11/23/04 11
Acknowledgment of service of summons, cmp, appl for TRO and
other related papers by B.
Luke Pistorius on behalf of dfts
Emvest Mortgage Fund, Emvest Inc,
Milon Lyle Brock on
11/17/04 11/17/04 (cag) [Entry
date 11/24/04]
11/24/04 12
Opposition by dfts to appl for preliminary inj and appt of
receiver (cag) [Entry date
11/29/04]
11/24/04 13
Declaration of Milon Lyle Brock re motion response [12-1]
(cag) [Entry date 11/29/04]
11/24/04 14
Declaration of J. Stephen Hawkins re motion response [12-1]
(cag) [Entry date 11/29/04]
11/24/04 15 Suppl
Brief filed by SEC re entry of prelim inj and appt of
permanent receiver (cag)
[Entry date 11/29/04]
11/24/04 16 Declaration of Susan F. Hannan re suppl
brief [15-1] (cag)
[Entry date 11/29/04]
11/24/04 17
Declaration of Kelly Bowers re suppl brief [15-1] (cag)
[Entry date 11/29/04]
11/24/04 18
Declaration of Molly M. White re suppl brief [15-1] (cag)
[Entry date 11/29/04]
11/29/04 19
Defendant's schedule of assets (cag) [Entry date 11/30/04]
11/30/04 20 Reply by
defendant Emvest Mortgage Fund, defendant Emvest
Inc, defendant Milon Lyle
Brock to supplemental brief
[15-1] (csg) [Entry date
12/01/04]
11/30/04 21
Declaration of Milon Lyle Brock by defendant Emvest
Mortgage Fund, defendant
Emvest Inc, defendant Milon Lyle
Brock re reply [20-1] (csg)
[Entry date 12/01/04]
12/1/04 22 DISCREPANCY ORDER by Judge Dana M.
Sabraw accepting
document: ntc of errata from
defendant Emvest Mortgage Fund
, non-compliance with local
rule 15.1, document is to be
filed nunc pro tunc to the date
received (tkl)
[Entry date 12/01/04]
12/1/04 23 Notice by defendant Emvest Mortgage Fund,
defendant Emvest
Inc, defendant Milon Lyle
Brock of errata; nunc pro tunc
11/29/04 (tkl) [Entry date 12/01/04]
12/2/04 24 DISCREPANCY ORDER by Judge Dana M. Sabraw
accepting
document: reply brief from
plaintiff SEC, non-compliance
with local rule 7.1.e or 47.1.b.1,
document is to be filed
nunc pro tunc to the date
received (cag)
[Entry date 12/02/04]
12/2/04 25 Reply Brief re prelim inj and permanent
receiver by SEC;
NUNC PRO TUNC to 11/30/04
(cag) [Entry date 12/02/04]
12/2/04 26 Declaration of Alka N. Patel re reply
[25-1]; NUNC PRO TUNC
to 11/30/04 (cag) [Entry date
12/02/04]
12/2/04 27 Declaration of Molly M. White re reply
[25-1]; NUNC PRO
TUNC to 11/30/04 (cag) [Entry
date 12/02/04]
12/2/04 28 Declaration of Susan F. Hannan re reply
[25-1]; NUNC PRO
TUNC to 11/30/04 (cag) [Entry
date 12/02/04]
12/3/04 29 Minutes: Enter Order by Judge Dana M.
Sabraw; Order to
show cause hrg held 12/3/04;
prelim inj taken under
submission, order to issue;
TRO remains in full force and
effect pending further order.
Court Reporter: LeeAnn Pence
(cag) [Entry date 12/06/04]
12/3/04 30 DISCREPANCY ORDER by Judge Dana M. Sabraw
accepting
document: notice of errata
from plaintiff SEC ,
non-compliance with local rule
15.1, document is to be
filed nunc pro tunc to the
date received (cag)
[Entry date 12/06/04]
12/3/04 31 Notice by SEC of errata; NUNC PRO TUNC to
12/2/04 (cag)
[Entry date 12/06/04]
12/3/04 32 Order by Judge Dana M. Sabraw granting
pla's appl for
preliminary injunction and
appoints Dennis M. Murphy as
permanent receiver; dft's
shall be responsible for pymt of
costs, fees and expenses of
permanent receiver; no bond
required (Order clarifying
this order filed 12/21/04) (cag)
[Entry date 12/06/04] [Edit
date 12/21/04]
12/6/04 33 Answer to cmp by Emvest Mortgage Fund,
Emvest Inc, Milon
Lyle Brock (cag) [Entry date
12/07/04]
12/6/04 34 Ex Parte Appl to file Preliminary Report
by Ct appointed
receiver under seal and Order
thereon by Judge Dana M.
Sabraw (cag) [Entry date
12/07/04]
12/6/04 35 Sealed Preliminary Report (pursuant to
Court Order) (cag)
[Entry date 12/07/04]
12/8/04 36 Notice and Order by Magistrate Judge Leo
S. Papas; E.N.E.
Conference set for 2:00 1/31/05 before Mag
Judge Leo Papas
(kaj) [Entry date 12/08/04]
12/9/04 37 Ex Parte Application by defendants for
order clarifying
12/3/04 order and limiting powers
of permanent receiver (cag)
[Entry date 12/10/04]
12/9/04 38 Declaration of Milon Lyle Brock re ex
parte application for
order clarifying 12/3/04 order
and limiting powers of
permanent receiver [37-1] (cag)
[Entry date 12/10/04]
12/9/04 39 Declaration of B. Luke Pistorius re ex
parte application
for order clarifying 12/3/04
order and limiting powers of
permanent receiver [37-1] (cag) [Entry
date 12/10/04]
12/10/04 40 Order by
Judge Dana M. Sabraw; pla's response to dfts' ex
parte appl for clarification
and limiting the powers of the
receiver due by 12/16/04; matter will be
deemed under
submision at this time (cag)
[Entry date 12/10/04]
12/10/04 41 Notice by
plaintiff of issuance of order for ENE Conf (cag)
[Entry date 12/14/04]
12/13/04 42 Notice of
Attorney Appearance of James R. Felton for Dennis
M Murphy (cag) [Entry date
12/14/04]
12/16/04 43 Response
by Receiver Dennis M Murphy to dfts' ex parte appl
for clarification of 12/3/04
order [37-1] (cag)
[Entry date 12/17/04]
12/16/04 44
Memorandum by SEC in opposition to ex parte application to
clarify 12/3/04 order and limiting
power of permanent
receiver [37-1] (cag) [Entry
date 12/17/04]
12/16/04 45
Declaration of Molly M. White re opposition memorandum
[44-1] (cag) [Entry date
12/17/04]
12/16/04 46
Declaration of Susan F. Hannan re opposition memorandum
[44-1] (cag) [Entry date
12/17/04]
12/16/04 47
Declaration of Kelly Bowers re opposition memorandum [44-1]
(cag) [Entry date 12/17/04]
12/16/04 48
Declaration by Dennis M Murphy re opposition memorandum
[44-1] (cag) [Entry date
12/17/04]
12/21/04 49 Order by
Judge Dana M. Sabraw granting ex parte application
for clarification of 12/3/04
order re preliminary inj and
appointment of Permanent
Receiver Dennis R. Murphy [37-1]
(cag) [Entry date 12/21/04]
1/6/05 50 Notice of hearing; hearing on 1st verfied
report of
receiver set for 10:30 1/28/05
before Judge Dana M. Sabraw
(cag) [Entry date 01/07/05]
1/7/05 51 Order by Judge Dana M. Sabraw: hrg on
Receiver's verified
report and petition for
instructions set for 10:30 1/28/05
before Judge Dana M. Sabraw
(cag) [Entry date 01/10/05]
1/12/05 52 Joint Report re Rule 26(f) Conf of
counsel (cag)
[Entry date 01/13/05]
1/21/05 53 1st Verified Report of receiver by SEC
(cag)
[Entry date 01/24/05]
1/21/05 54 Declaration of Susan F. Hannan re 1st
verified report of
receiver [53-1] (cag) [Entry
date 01/24/05]
1/21/05 55 Response by defendants to 1st verified
report of receiver
[53-1] (cag) [Entry date
01/24/05]
1/21/05 56 Declaration of J. Stephen Hawkins,
certified public
account, re response [55-1]
(cag) [Entry date 01/24/05]
1/25/05 57 Order by Judge Dana M. Sabraw; hearing on
receiver's
verified report reset for
10:30 2/25/05 before Judge Dana
M. Sabraw; additional briefing
due by 2/11/05 (cag)
[Entry date 01/25/05]
1/27/05 58 DISCREPANCY ORDER by Judge Dana M. Sabraw
accepting
document: suppl infor re
report from receiver Dennis M
Murphy, non-compliance with
local rule 15.1, document is to
be filed nunc pro tunc to the
date received (cag)
[Entry date 01/27/05]
1/27/05 59 Verified Supplemental info by receiver
Dennis M Murphy re
report of receiver [53-1] t/w
decl of James R. Felton; NUNC